8 4992. Assignees protected for acts done in good faith An assignee for the benefit of creditors is not to be held liable for his acts, done in good faith in the execution of the trust, merely for the reason that the assignment is afterward adjudged void. § 4993. Modification of assignment An assignment for the benefit of creditors which has been executed and recorded so as to transfer the property to the marshal, or a transfer by the marshal to the elected assignee or assignees which has been executed and recorded, cannot afterwards be modified or canceled by the parties without the consent of the assignor and of every creditor affected thereby. CHAPTER 117-NUISANCE SUBCHAPTER I-GENERAL PRINCIPLES Sec. 5031. Nuisance defined. 5032. Public nuisance defined. 5033. Private nuisance defined. 5034. Acts under authority of law. 5035. Abatement does not preclude action. SUBCHAPTER II-PUBLIC NUISANCES 5061. Lapse of time does not legalize. 5062. Remedies against public nuisance. 5063. Information. 5064. Action by private person. 5065. Abatement by public body or officer. SUBCHAPTER III-PRIVATE NUISANCES 5091. Remedies for private nuisance. Subchapter I-General Principles § 5031. Nuisance defined Anything is a nuisance which: (1) is injurious to health; or (2) is indecent or offensive to the senses; or (3) is an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property or (4) unlawfully obstructs the free passage or use, in the customary manner, of a navigable lake or river, bay, stream, canal, or basin, or a public park, square, street, or highway. § 5032. Public nuisance defined A public nuisance is one which affects at the same time an entire community or neighborhood, or a considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. § 5033. Private nuisance defined Every nuisance not included in the definition in section 5032 of this title is private. § 5034. Acts under authority of law Nothing which is done or maintained under the express authority of law can be deemed a nuisance. § 5035. Abatement does not preclude action The abatement of a nuisance does not prejudice the right of a person to recover damages for its past existence. Subchapter II-Public Nuisances § 5061. Lapse of time does not legalize The lapse of time can not legalize a public nuisance, amounting to an actual obstruction of public right. § 5062. Remedies against public nuisance The remedies against a public nuisance are: (1) information; (2) civil action; and (3) abatement. § 5063. Information The remedy by information is regulated by Title 6. § 5064. Action by private person A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise. 85065. Abatement by public body or officer A public nuisance may be abated by any public body or officer authorized thereto by law. Subchapter III-Private Nuisances 8 5091. Remedies for private nuisance The remedy against a private nuisance is a civil action. (a) Except as otherwise provided in this Code, the forms of process writs, pleadings, and motions, and the practice and procedure of the district court in civil actions and proceedings are governed by the then current Federal Rules of Civil Procedure prescribed by the Supreme Court of the United States pursuant to section 2072 of Title 28, United States Code. (b) Where the Federal Rules of Civil Procedure make applicable the law of the State in which the district court is held, the law of the Canal Zone governs proceedings in the United States District Court for the District of the Canal Zone. The words "state", "district", and "insular possession" include, if appropriate, the Canal Zone. The term "district court" includes the United States District Court for the District of the Canal Zone. The term "statute of the United States" includes, as far as concerns proceedings in the United States District Court for the District of the Canal Zone, an Act of Congress locally applicable to and in force in the Canal Zone. § 2. Admiralty procedure; fees and costs The practice and procedure in admiralty in the district court, including fees and costs, is the same as in the United States district courts. § 3. Construction of title The rule of the common law, that statutes in derogation thereof are to be strictly construed, does not apply to this title. This title establishes the law of the Canal Zone respecting the subjects to which it relates, and its provisions and all proceedings under it shall be liberally construed for the purpose of effecting its objects and promoting justice. § 4. Division of judicial remedies Judicial remedies are divided into (1) actions and (2) special proceedings. § 5. Action defined An action is an ordinary remedy in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. § 6. Special proceeding defined Every remedy other than an action as defined by section 5 of this title is a special proceeding. § 7. Civil and criminal remedies not merged When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. § 8. Pending action defined An action is pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. § 9. Lost pleadings and papers If an original pleading or paper is lost, the court may authorize a copy thereof to be filed and used instead of the original. Sec. CHAPTER 3-LIMITATION OF ACTIONS SUBCHAPTER I-LIMITATION GENERALLY 41. Limitation of civil actions generally; special proceedings. 42. Periods of limitation. 43. Actions not otherwise provided for. 44. Actions on accounts. 45. No limitation; action to recover bank deposits; effect of insolvency. SUBCHAPTER II-COMPUTATION OF TIME; TOLLING OF STATUTE OF LIMITATIONS 71. Commencement of action. 72. Absence from Canal Zone. 73. Persons under disabilities. 14. Death before expiration of limitation period. 75. Alien enemies in time of war. 76. New action after reversal of judgment. 77. Commencement stayed by injunction or statute. 78. Time of existence of disability. 79. Two or more disabilities. 80. Acknowledgment or promise; payment on account. 81. Limitation laws of other jurisdictions. Subchapter I-Limitation Generally 841. Limitation of civil actions generally; special proceedings (a) Civil actions are barred unless commenced within the periods prescribed in this chapter, after the cause of action has accrued, except where a different limitation is prescribed by statute. (b) As used in this chapter, "action" includes, when necessary, special proceeding of a civil nature. § 42. Periods of limitation The periods for the commencement of actions are: (1) Five years a (A) upon a judgment or decree of a court of the United States or of a State of the United States; (B) for mesne profits of real property. (2) Four years (A) upon a contract, obligation, or liability founded upon an instrument in writing; (B) subject to the provisions of section 44 of this title, to recover: (i) upon a book account whether consisting of one or more entries; (ii) upon an account stated based upon an account in writing, although the acknowledgment of the account stated need not be in writing; (iii) a balance due upon a mutual, open, and current account, the items of which are in writing. (3) Three years (A) upon a liability created by statute, other than a penalty or forfeiture; (B) for trespass upon or injury to real property; (C) for taking, detaining, or injuring goods or chattels, including actions for the specific recovery of personal property; (D) for relief on the ground of fraud or mistake in which case the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake. (4) Two years (A) upon a contract, obligation, or liability not founded upon an instrument in writing; other than that mentioned in paragraph (2)(B) of this section; (B) founded upon a contract, obligation, or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance, in which case the cause of action does not accrue until the discovery of the loss or damage suffered by the aggrieved party thereunder; (C) against a marshal, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty including the nonpayment of money collected upon an execution; except an action for an escape as provided by paragraph (5) (D) of this section. (5) One year (A) upon a statute for a penalty or forfeiture, when the action is given to an individual, or to an individual and the Government, except when the statute imposing it prescribes a different limitation; (B) upon a statute, or upon an undertaking in a criminal action for a forfeiture or penalty to the Government of the Canal Zone; (C) for libel, slander, assault, battery, false imprisonment, seduction, or for injury to or for the death of one caused by the wrongful act or neglect of another, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a false or unauthorized indorsement; (D) against the marshal or other officer for the escape of a prisoner arrested or imprisoned on civil process. § 43. Actions not otherwise provided for An action for relief not otherwise provided for is barred unless commenced within four years after the cause of action has accrued. |